HB 1065

1	A bill to be entitled
2	An act relating to aircraft safety; providing a short
3	title; creating s. 379.2293, F.S.; providing legislative
4	findings and intent; exempting airport authorities and
5	other entities from penalties, restrictions, liabilities,
6	or sanctions with respect to authorized action taken to
7	protect human life or aircraft from wildlife hazards;
8	defining the term "authorized action taken for the purpose
9	of protecting human life or aircraft safety from wildlife
10	hazards"; providing that such actions prevail over certain
11	other regulations, permits, comprehensive plans, and laws;
12	providing immunity from penalties with respect to
13	authorized action for certain individuals; providing an
14	effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  This act may be cited as the "Airline Safety
19	and Wildlife Protection Act of Florida."
20	Section 2.  Section 379.2293, Florida Statutes, is created
21	to read:
22	379.2293  Airport activities within the scope of a permit
23	or other authorization for depredation or harassment.--
24	(1)  The Legislature finds and declares that the ability of
25	airports to manage wildlife hazards in a manner consistent with
26	state and federal law is necessary to prevent jeopardy to human
27	life or aircraft safety. It is the intent of the Legislature
28	that actions taken by airports within the scope of
29	authorizations to manage wildlife for such purposes not be
30	subject to penalties, restrictions, liabilities, or sanctions
31	and that such authorizations not be superseded by actions of
32	other state or local agencies.
33	(2)  Notwithstanding any other provision of law to the
34	contrary, an airport authority or other entity owning or
35	operating an airport is not subject to any administrative,
36	civil, or criminal penalty, restriction, liability, or other
37	sanction with respect to any authorized action taken for the
38	purpose of protecting human life or aircraft safety from
39	wildlife hazards.
40	(3)  For purposes of this section, an "authorized action
41	taken for the purpose of protecting human life or aircraft
42	safety from wildlife hazards" is an action authorized by or
43	within the scope of any of the following:
44	(a)  The airport's wildlife hazard management plan, as
45	approved by the Federal Aviation Administration.
46	(b)  A depredation permit issued by the United States Fish
47	and Wildlife Service.
48	(c)  A standing order of the United States Fish and
49	Wildlife Service.
50	(d)  Rule 68A-9.010(4) or rule 68A-27.002, Florida
51	Administrative Code, or a permit authorizing the harassment of
52	wildlife issued by the Fish and Wildlife Conservation
53	Commission.
54	(4)  If an action authorized under subsection (3) conflicts
55	or appears to conflict with a development permit, land-
56	development regulation, local comprehensive plan, or other
57	environmental or land-use law, rule, restriction, or
58	requirement, the authorization described in subsection (3) shall
59	prevail.
60	(5)  In addition to applying to the airport authority or
61	other owner or operator of the airport, the immunities conferred
62	by this section also apply to any officer, employee, contractor,
63	or employee of a contractor of the airport authority or other
64	owner or operator of the airport, or any member of the airport's
65	governing body, to the extent that the actions of the officer,
66	employee, contractor, contractor's employee, or member are
67	authorized by or within the scope of one or more of the legal
68	authorities described in subsection (3).
69	Section 3.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.